2021 No. 327 (W. 85)
The Corporate Joint Committees (General) (Wales) Regulations 2021
Made
Coming into force
The Welsh Ministers, in exercise of the powers conferred on them by sections 83(2), 84 and 174 of the Local Government and Elections (Wales) Act 20211, make the following Regulations.
A draft of this instrument has been laid before and approved by a resolution of Senedd Cymru in accordance with section 174(4) and (5)(k) and (l) of that Act.
Title and coming into forceI11
1
The title of these Regulations is the Corporate Joint Committees (General) (Wales) Regulations 2021.
2
These Regulations come into force on 1 April 2021.
InterpretationI22
1
In these Regulations—
“the 2021 Act” means the Local Government and Elections Act 2021 (asc 1);
F4...
“corporate joint committee” means a corporate joint committee established by regulations made under Part 5 of the 2021 Act;
“constituent council”, in relation to a corporate joint committee, means the principal council for a principal area in the area of the corporate joint committee;
F4...
“principal area” has the meaning given by section 68 of the 2021 Act;
“principal council” has the meaning given in section 171(1) of the 2021 Act.
“senior executive member” has the meaning given by section 77(4) of the 2021 Act.
2
References in these Regulations to the area of a corporate joint committee are references to the area comprising—
a
the principal areas of the principal councils that made a joint committee application under section 72(1) of the 2021 Act, or
b
the principal areas specified in regulations made under section 74(1) of that Act.
PART 1Standards of conduct
Conduct of corporate joint committee members, F1sub-committee members and employeesI33
Schedule 1 makes provision about the standards of conduct that apply in relation to members, F1sub-committee members and employees of corporate joint committees.
PART 2Finance and accounts
Finance and accountsI44
Schedule 2 makes provision about the finance and accounts of corporate joint committees.
PART 3General amendments
General amendments relating to the status of a corporate joint committeeI55
Schedule 3 contains amendments of other enactments related to the status of a corporate joint committee as a public body.
SCHEDULE 1Standards of conduct
Application of relevant authority’s code of conduct to members and F2sub-committee membersI61
1
Sub-paragraph (2) applies to a person who—
b
is—
i
a member, or
ii
a co-opted member,
of a relevant authority.
2
For the purposes of the code of conduct of the relevant authority, a person to whom this paragraph applies is to be treated as though they had been appointed by the relevant authority to serve on the corporate joint committee.
3
Where, by virtue of sub-paragraph (2), a person to whom that sub-paragraph applies is required, in so far as they are acting for the corporate joint committee, to comply with the model code of conduct (“the code”), sub-paragraphs (4) and (5) apply.
4
References to a person’s “authority” in Part 3 of the code are to be read as references to the corporate joint committee for which the person is acting.
5
A person must register any personal interests they have in the business of the corporate joint committee in their relevant authority’s register of member’s interests by providing written notification to the authority’s monitoring officer.
Application of authority code of conduct to employeesI72
1
Sub-paragraph (2) applies unless—
a
express provision is made to the contrary, or
b
the context requires otherwise.
2
The Code of Conduct (Qualifying Local Government Employees) (Wales) Order 20012(“the 2001 Order”) applies to an employee of a corporate joint committee as it applies to an employee of a relevant authority.
3
In the 2001 Order, as it applies by virtue of sub-paragraph (2), a reference to an employee’s authority is to be read as reference to an employee’s corporate joint committee.
Interpretation of Schedule 1I83
In this Schedule—
a
references to “the 2000 Act” are to the Local Government Act 20003;
b
references to the “model code of conduct” are to the model code of conduct set out in the Schedule to the Local Authorities (Model Code of Conduct) (Wales) Order 20084;
c
“code of conduct” means the code of conduct adopted by a relevant authority under section 51 of the 2000 Act;
d
“co-opted member” has the meaning given by section 49 of the 2000 Act;
e
“relevant authority” has the meaning given by section 49 of the 2000 Act.
SCHEDULE 2Finance and accounts
Amendment of the Local Government Act 2003I91
In section 23 of the Local Government Act 20035 (meaning of “local authority”), after subsection (10) insert—
11
This Part applies in relation to a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 as it applies in relation to a local authority.
Amendment of the Local Authorities (Capital Finance and Accounting) (Wales) Regulations 2003I102
In regulation 1(4) of the Local Authorities (Capital Finance and Accounting) (Wales) Regulations 20036 (interpretation), in the definition of “local authority”, after “Regulations” insert “and includes a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 in so far as Part 1 of the Local Government Act 2003 applies to corporate joint committees by virtue of section 23(11) of the 2003 Act”.
SCHEDULE 3General amendments
Amendment of the Local Authorities (Goods and Services) Act 1970I111
In section 1(4) of the Local Authorities (Goods and Services) Act 19707 (supply of goods and services by local authorities), in the definition of “local authority”, after “any joint authority established by Part VI of the Local Government Act 1985,” insert “any corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021,”.
Amendment of the Equality Act 2010I122
In section 59(2) of the Equality Act 20108, after paragraph (j) insert—
ja
a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;
Amendment of the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017I133
In paragraph 1(4) of Schedule 20 to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 20179, after paragraph (d) insert—
da
a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;
(This note is not part of the Regulations)